A Palm Beach County resident has taken a jab at nationwide gym operator Planet Fitness, bringing a putative class action lawsuit in Miami federal court, alleging the fitness company violated the Telephone Consumer Protection Act by sending a marketing text offering a free bottle of water.

The plaintiff, Jody Steward, claimed in the suit that she’s been registered on a national do-not-call list since 2004, but that this didn’t stop the gym’s unsolicited marketing message. She is seeking up to $1,500 in damages for each unwanted text the gym sent. That number is so far unknown, but according to the lawsuit filed Wednesday, total damages could surpass $5 million.

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